S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2823
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to requiring baseline
   and periodic and/or targeting drug testing to be  utilized  by  clini-
   cians prescribing prescription narcotic drugs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3331 of the public health law is amended by  adding
 a new subdivision 9 to read as follows:
   9.  (A)  BASELINE  AND PERIODIC AND/OR TARGETING DRUG TESTING SHALL BE
 UTILIZED BY  CLINICIANS  PRESCRIBING  PRESCRIPTION  NARCOTIC  DRUGS,  AS
 DEFINED  BY  SUBDIVISIONS  (B) AND (C) OF SCHEDULE II OF SECTION THIRTY-
 THREE HUNDRED SIX OF THIS ARTICLE, TO ESTABLISH A GENERAL ASSESSMENT FOR
 NEW PATIENTS AND IN MONITORING ADHERENCE TO EXISTING  PATIENT  TREATMENT
 PLANS, AS WELL AS DETECTING THE USE OF NON-PRESCRIBED DRUGS.
   (B) (I) TESTING SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE INITIAL
 PRESCRIPTION  AND  SHALL  INCLUDE  CONFIRMATORY OR QUANTITATIVE METHODS,
 SUCH AS BUT NOT LIMITED TO LIQUID  CHROMATOGRAPHY  -  MASS  SPECTROMETRY
 TECHNOLOGY.
   (II)  A  CLINICIAN SHALL NOT ISSUE IN EXCESS OF A FOUR-DAY SUPPLY OF A
 PRESCRIPTION NARCOTIC DRUG WITHOUT FIRST OBTAINING CONFIRMATORY OR QUAN-
 TITATIVE TESTING RESULTS PRIOR TO AN INITIAL PRESCRIPTION BEING ISSUED.
   (C) SUCH TESTING, AT A MINIMUM, SHALL OCCUR TWICE ANNUALLY.   PATIENTS
 BEING  TREATED  FOR ADDICTION SHALL BE TESTED AS FREQUENTLY AS NECESSARY
 TO ENSURE THERAPEUTIC ADHERENCE.
   (D) THE DEPARTMENT IS DIRECTED TO ENSURE THAT CONFIRMATORY AND QUANTI-
 TATIVE  CHROMATOGRAPHIC  DRUG  TESTING  METHODOLOGIES  ARE  SUBJECT   TO
 REIMBURSEMENT  FOR  CLINICAL  HEALTH  CARE PROVIDERS, INCLUDING CLINICAL
 LABORATORIES.
   (E) FOR THE PURPOSES OF THIS SUBDIVISION,  THE  FOLLOWING  DEFINITIONS
 SHALL APPLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07229-01-9

 A. 2823                             2
 
   (I)  "BASELINE  TESTING"  MEANS THE INITIAL PATIENT ASSESSMENT THROUGH
 URINE DRUG TESTING TO (1) IDENTIFY THE PRESENCE  OF  ILLICIT  SUBSTANCES
 PRIOR  TO  PRESCRIBING  THE  CONTROLLED  MEDICATIONS, OR (2) CONFIRM THE
 PRESENCE OR ABSENCE OF A PRESCRIBED DRUG OR DRUG CLASS.
   (II)  "PERIODIC  TESTING"  MEANS  RANDOM URINE DRUG TESTING, AT RANDOM
 VISITS WITH A RANDOM SELECTION OF DRUGS TO BE TESTED. THE  FREQUENCY  OF
 PERIODIC  TESTING  SHALL  BE  BASED  ON MEDICAL NECESSITY AND A COMPLETE
 CLINICAL ASSESSMENT OF THE INDIVIDUAL PATIENT'S RISK POTENTIAL FOR ABUSE
 AND DIVERSION.
   (III) "TARGETED TESTING" MEANS A TEST ORDERED AT THE DISCRETION  OF  A
 CLINICIAN,  BASED  ON  OBSERVATION  OF  THE  PATIENT AND RELATED CIRCUM-
 STANCES, THAT ENHANCE CLINICAL DECISION MAKING.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.